Any suggestions on Death of Petitioner?

bequynh

New Member
Hi everyone,

I've been recently reading some of the information provided online, and would just like to see if there are any knowledgeable people here who could confirm/expand/explain some things for me.

My uncle (a USC) died about a month ago. Some time in 2005 (I'm not sure of the exact date, I'm having my mother ask his widow to send the files to me), he requested an I-130 for his brother (my mother's brother as well) and his family to come to the US. He is currently the only family left in Vietnam, and all the siblings are here in the US.

At this time, I am still gathering the evidence, but here are what I conclude as my options:

1) See if the I-130 file was approved. If it is, then I can ask for humanitarians reasons to be reinstated and have my mother (a USC) take over as the petitioner (according to the 2002 law). I saw that the new 2009 law does not apply as my beneficiary uncle and his family are not currently residing in the US.

One question I have is what are the success of getting that reinstated if the only reason is (7) having very strong family bonds in the US, although (1) Disruption of an established family unit; and (2) Hardship to US citizens or lawful permanent residents; could also be argued.

2) Do a new I-130 with my mother as the petitioner, but that will mean waiting another 10+ years before my uncle and his family can come over.

At this time, I am unsure of the status of the I-130 (hopefully it was approved, but I am not able to find out at this moment), so obviously if it was not approved, then the only option is to do a new I-130. However, I have hope that it's been sufficiently long time to have the I-130 approved already, perhaps?

Some information:
My petitioning uncle lived in Fort Smith, AR
My beneficiary uncle lives in Saigon, Viet Nam.

In addition, I only have the A# (8 digit), so I'm going to see if there was a case receipt number so I can check the status online. Is receiving an A# common, and what does that signify? Thanks so much!!
 
A1: If the sponsor died, then so does the I-130.
A2: Your mother may sponsor her brother, but this will be a brand new I-130 and will have no connection to your deceased uncle's I-130.

1) See if the I-130 file was approved. If it is, then I can ask for humanitarians reasons to be reinstated and have my mother (a USC) take over as the petitioner (according to the 2002 law). I saw that the new 2009 law does not apply as my beneficiary uncle and his family are not currently residing in the US.

2) Do a new I-130 with my mother as the petitioner, but that will mean waiting another 10+ years before my uncle and his family can come over.
 
A1: If the sponsor died, then so does the I-130.
A2: Your mother may sponsor her brother, but this will be a brand new I-130 and will have no connection to your deceased uncle's I-130.

I'm not sure your first response is accurate as I have been reading that the Family Sponsor Immigration Act of 2002 (which I had quoted originally) state that when a sponsor dies, the I-130 can be reinstated if humanitarian reasons are provided, and the Service Center Directors (formerly Attorney Generals) approve it. What I have read is that it is very difficult, but has been done.
 
I perhaps gave you a pragmatic answer. For a siblings based sponsorship, I seriously doubt any chances of success. Might as well attempt it, no harm in doing so.

I'm not sure your first response is accurate as I have been reading that the Family Sponsor Immigration Act of 2002 (which I had quoted originally) state that when a sponsor dies, the I-130 can be reinstated if humanitarian reasons are provided, and the Service Center Directors (formerly Attorney Generals) approve it. What I have read is that it is very difficult, but has been done.
 
I'm not sure your first response is accurate as I have been reading that the Family Sponsor Immigration Act of 2002 (which I had quoted originally) state that when a sponsor dies, the I-130 can be reinstated if humanitarian reasons are provided, and the Service Center Directors (formerly Attorney Generals) approve it. What I have read is that it is very difficult, but has been done.

Get a lawyer who is experienced in this type of scenario.
 
Preferably someone who has won cases where sibling sponsorship was being heard.

I'm not sure your first response is accurate as I have been reading that the Family Sponsor Immigration Act of 2002 (which I had quoted originally) state that when a sponsor dies, the I-130 can be reinstated if humanitarian reasons are provided, and the Service Center Directors (formerly Attorney Generals) approve it. What I have read is that it is very difficult, but has been done.

Thanks, we're gonna get the new I-130 started and try to find a good lawyer regarding the transfer.
 
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